What is a Notary Public?

A Notary, or Notary Public, can authenticate or legalise any document. A Notary can also provide legalisation or an apostille, if needed. You will normally require the services of a Notary Public when you have documents which are needed to be used abroad. The Notaries signature and seal will verify to the authorities in that country that the relevant checks have been carried out.

The need for a notary public is dictated by the requirements of the country where the document is to be used. For example, if you wish to buy a property abroad, it is often necessary to give your overseas lawyer power to deal with the purchase. This can be done by means of a power of attorney, which is signed by you in front of a notary. The notary public will confirm your name and identity and sign the document and seal it with their official seal.

Foreign Languages

Documents presented to a notary may be in a foreign language. The notary must ensure that both they and the client understand the meaning and effect of the document. Notaries do not usually give advice about the meaning or effect of a document or transaction. It is important that the client shows the notary any correspondence or advice that he has been given by others.

A Notary Public may also be known as a Notario Publico, Notaio, Notario, Notar or a Notaire.

What is Legalisation or Apostille?

A notarised document may often need to be further authenticated by having the U.K. Foreign and Commonwealth Office confirm the validity of the notary's signature and seal. The requirement for this will depend on the foreign country involved. This is done by legalisation by the use of the Foreign and Commonwealth Office's official certificate attached to the document, known as an apostille. These are internationally recognised due to the Hague Convention.

What identification does a Notary Public require?

Following the implementation of the Money Laundering Regulations 2007, notaries are now obliged to keep sufficient evidence on their files of the identity and the address of all their clients before they undertake any work.

Each person whose signature they are to certify must provide one of the following original identification documents at the time of the appointment.

Passport

Driving licence (with photo card)

National identity card (EEA state members)

An armed forces pass (with photo and signature)

Firearms licence (with photo and signature)

Other government issue ID (with photo and signature)

Residence permit

In addition, they require proof of residence, which can be one of the following original documents:

Bank statement or letter from bank

Utility bill or council tax bill (not mobile phone bill)

Tenancy agreement or Housing Association rent card

Inland revenue tax demand or self assessment statement

When a notary public is acting for a corporate client, evidence of the due incorporation of the company or entity is required. This can be one of the following documents:

Extract from the company register

Certificate of incorporation

Latest report and audited accounts

Up to date certified copy of partnership agreement

Evidence of being regulated by a regulatory body such as the Law Society or FSA.

In addition to the above, each individual signatory will need to produce one of the identification documents mentioned above.